After being hurt by a negligent driver in Parsippany, pedestrian victims may be able to sue for compensation if their injuries are serious enough.
The top causes of pedestrian accidents in Parsippany include drunk, distracted, and reckless driving. Low visibility can also increase the risk of pedestrians being injured by irresponsible drivers. If hurt as a pedestrian, call the police and file an accident report. In many cases, pedestrian victims will have to meet the serious injury threshold to sue because of New Jersey’s no-fault laws. If your injuries are severe enough to file a lawsuit, you can use evidence, like witness statements, personal testimony, medical records, and photographs, to prove a defendant’s negligence and their liability for damages.
Call The Carrion Law Firm at (718) 841-0083 to schedule a confidential and free case review with our Parsippany, NJ pedestrian accident lawyers today.
Filing a Police Report for a Pedestrian Accident in Parsippany, NJ
Any time you are hit by a car in Parsippany, you should call the law enforcement officials and file a police report. This should be done immediately after you are hurt by a negligent party as a pedestrian in Parsippany.
It is necessary to alert law enforcement officials of a pedestrian accident. Police officers can create a report that details the sequences of events for your incident and includes information about involved parties.
Police officers might also interview eyewitnesses and include their contact information within an accident report. In the days following an accident, pedestrian victims can get a copy of their police report by contacting the Parsippany-Troy Hills Police Department or going online.
Top Causes of Pedestrian Accidents in Parsippany, NJ
Some of the top causes of pedestrian accidents in Parsippany include reckless, drunk, and distracted driving. These incidents might happen more frequently at intersections or times of low visibility.
Often, but not always, drivers are responsible for causing accidents and injuries to pedestrians. Our pedestrian accident attorneys can assess the events of your recent incident to decide if a negligent driver, or other parties, are to blame for your injuries. Typically, this information can be learned from the police report for your accident and from witness statements.
In many instances, pedestrians have the right of way. Drivers that fail to yield to this right of way when necessary might strike and injure pedestrians. Driving with no headlights during the night might make it more difficult for drivers to see and keep clear of pedestrians crossing the road. Driving while under the influence of alcohol or drugs can similarly impact response time, resulting in pedestrian accidents.
Distracted drivers, such as drivers using their phones or turning around to speak with passengers, might hit pedestrians on the road. Veering off the roadway and into the sidewalk because pf fatigue or intoxication could also cause drivers to hit pedestrians and cause them serious injury in Parsippany.
Serious Injury Threshold for Pedestrian Victims in Parsippany, NJ
Even when you are hit by a car as a pedestrian in Parsippany, your personal injury protection (PIP) insurance will be your first method of recovery. You may have to pass the serious injury threshold to file a lawsuit.
Personal injury protection covers injuries sustained in car accidents as a driver, passenger, or pedestrian, provided a victim is covered under a policy. Most people are covered in Parsippany, as PIP insurance is mandatory for drivers and typically covers people in a driver’s household.
You must meet the serious injury threshold to bring a lawsuit instead of using your PIP insurance. In New Jersey, injuries that pass this threshold include death, dismemberment, loss of fetus, significant disfigurement or scarring, or other permanent injuries, according to N.J.S.A. § 39:6A-8(a). To prove that you pass the serious injury threshold, you must be able to provide medical documentation of your injuries, diagnoses, and treatment.
People who have purchased a no limitation on lawsuit policy will not have to meet the serious injury threshold to bring a case in Parsippany.
Effective Evidence in a Parsippany, NJ Pedestrian Accident Case
Helpful evidence in an accident lawsuit for pedestrian victims in Parsippany includes witness statements, personal testimony, medical records, and photographs from the scene. Such evidence can allow you to meet the burden of proof necessary to recover damages.
Witness Statements
Witness statements include testimony from eyewitnesses, experts, and even friends and family. Eyewitnesses can explain their accounts of an accident and how a defendant acted negligently. Experts, such as medical experts, can provide insight into a victim’s injuries for the court. Police officers that arrived at the scene might also be able to provide helpful testimony that can support your claim. Testimony from friends and family can help illustrate an accident’s impact on a pedestrian victim’s life.
Victim Testimony
Victims’ testimonies can be very compelling, especially if victims seek damages for pain and suffering. Because pedestrians have no protection from vehicles when struck, they might sustain life-changing injuries that impact their happiness and mental health. By testifying about their personal experiences, victims may be more likely to recover non-economic damages in Parsippany.
Medical Records
To file an injury claim, you must be able to prove that you have indeed sustained injuries. Medical records from after an accident and records from the weeks and months following an incident can allow you to achieve that goal. Victims should also keep any bills or invoices they receive for medical treatment to act as proof of damages.
Photographs
In pedestrian accidents, there may be little property damage or debris, causing victims to believe that taking photos may be unhelpful. However, photographs can be compelling evidence. Take pictures of your immediate injuries and the surrounding area to strengthen your claim and act as evidence against a defendant.
Ask Our Parsippany, NJ Lawyers About Your Pedestrian Accident Case Today
Call our pedestrian accident lawyers at (718) 841-0083 to schedule a free case evaluation with The Carrion Law Firm today.